This single-judge order granted anticipatory bail to four petitioners apprehending arrest in a criminal case involving assault. The court noted the general nature of the allegations and the lack of criminal antecedents.
Release on anticipatory bail upon furnishing bond of Rs. 20,000 with sureties and supplying bail bonds to the Court below.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10547 of 2019
Arising Out of PS. Case No.-367 Year-2018 Thana- CHANDI District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dr. Shraddhanand Paswan For the Opposite Party/s : Mr. Umeshanand Pandit ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
2 21-02-2019
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code.
During occurrence of assault, different persons allegedly sustained injury at the head.
The Doctor has found single head injury on the injureds. However, the allegation is general and omnibus against eight accused persons including the petitioners to have assaulted. Petitioners have got no criminal antecedent.
Considering the entire facts, specially, the general and omnibus nature of allegation, let the petitioners, above
Patna High Court Cr.Misc. No.10547 of 2019(2) dt.21-02-2019 2/2
named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Chandi Police Station Case No. 367 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.
(Birendra Kumar, J)
Kundan/Rajan
U T
2 issues framed by the court
Whether the petitioners are entitled to anticipatory bail apprehending arrest in a case involving allegations of assault and enmity.
Whether the general and omnibus nature of allegations against multiple accused persons warrants the grant of anticipatory bail.
2 provisions across 2 enactments
Ganesh Kumar
Bijendra Mahton
Dilip Mahton
Mahesh Mahton
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
